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  • Overview

    Construction dispute resolution

    Avoiding escalation of construction disputes

    The vast majority of construction disputes can be resolved at an early stage without recourse to formal legal processes. But only if they’re tackled before they have escalated or had a knock-on effect on other aspects of the project. A call to one of our construction lawyers early on can avoid relationships deteriorating and costs escalating resulting in enormous damage to the project.

    We identify the most appropriate way of tackling the construction dispute, with a view to containing its scope and minimising its impact on the project and your business. We adopt an entirely bespoke approach, recognising that the dynamics of each project and those involved differ significantly, quite apart from any technical questions. We have considerable experience in dealing with complex technical disputes arising from catastrophic design failings.

    Construction dispute resolution through the courts or adjudication

    Sometimes the construction dispute has reached a stage where the most appropriate solution for keeping your project moving forward is to use the formal legal process. Or maybe you have been issued with proceedings and need the help of a specialist construction lawyer.

    Our lawyers are construction industry insiders who understand the culture of a construction site and have insight into how the other party is likely to act. This is invaluable in resolving the dispute successfully and reaching a satisfactory resolution before getting as far as final trial.

    Our lawyers have a significant amount of experience of the London Technology & Construction Court. We understand the way it operates and work closely with specialist barristers who are renowned for their work in this court.

    Using our construction adjudication service

    We provide two types of construction adjudication service depending on the level of legal input you need:

    • Full service: where we prepare the papers and see the construction adjudication process through from start to finish
    • “Adjudication lite”: where we work with your in house team, check the papers prepared by them, give our objective view from the adjudicator’s perspective and deal with any legal and procedural issues arising.
       

    Our services include:

    • Resolving construction disputes about design failures and major multi-party professional negligence claims
    • Advising on interim and final account payment disputes, retentions, pay-less notices, etc.
    • Dealing with workmanship disputes
    • Advising on claims for loss and expense, delay or extensions of time
    • Negotiations pursuant to the PreAction Protocol for Construction & Engineering Disputes
    • Representing you in the Technology & Construction Court (TCC) and county courts
    • Construction adjudication (full service or adjudication lite)
    • Representing you in arbitrations
    • Alternative dispute resolution, including mediation and expert determination.
       

    Our people

    Clients praise Chris Kirby-Turner’s “knowledge of industry practice and sensible approach to case management” and his “straightforward and practical approach.”

    Chambers UK

    Our construction and engineering team has been consistently ranked in Tier 1 by leading independent legal directory Chambers UK. Barristers compliment “Chris Kirby-Turner who prepared the case meticulously ... but more importantly than his careful and detailed preparation was his unfailing calm and unflappable good humour.”

    Client stories

    • Mediated outcome to a highly technical multi-party dispute concerning the failure of a major piled wall during the construction of a prestigious coastal development to enable its highly successful completion, despite the main contractor’s insolvency
    • Negotiated outcome to a technical dispute affecting a school tennis centre after our recommendation of a radar survey to successfully identify the mode of failure without undertaking destructive opening up works
    • Mediated outcome to a multi-party dispute concerning defective design elements in a major listed barn conversion
    • Providing adjudication support in relation to technical challenges raised on procedural matters and the adjudicator’s decision
    • Negotiating settlement for The Royal British Legion of a major TCC claim in relation to its refurbishment of a large care home facility with new specialist dementia care facility.
       

    Email us or call us on 01322 623705 to arrange an initial consultation.

  • Related Client Stories

    Claim against a manufacturer for installation of kitchen surfaces

    Claim against a manufacturer for installation of kitchen surfaces

    Claims arising from negligent planning advice

    Claims arising from negligent planning advice

    Claim against designer in respect of a listed barn conversion

    Claim against designer in respect of a listed barn conversion

    Claim arising from breach of listed building consents in works on a barn conversion

    The client’s claim resulted from serious breaches of listed building consent by the designer / project manager on a barn conversion project, resulting in a stop notice being issued and the need for fresh permissions to be obtained.

    Multi party dispute (and follow on claim against previous solicitors) relating to major defects affecting a high end residential development

    We acted for the Claimant in a multi-party claim against the managing company of a converted manor house of which our client’s property forms a substantial part and the insurer who had provided a policy covering major structural defects in the conversion works.

    Privy Council appeal for major Jamaican house builder

    We are appointed by a major Jamaican house builder as their UK solicitors in the defence of an appeal to the Privy Council brought by a Jamaican government body against a judgment of the Jamaican Court of Appeal upholding an arbitration award in our client’s favour for compound interest.

    Claim arising from serious defects to new school sports hall zinc roof

    We are acting for a local academy in relation to the failure of the zinc covering to the aerofoil roof on their sports hall which was only completed about 2 years ago, which has led to leaks into the main sports arena risking permanent damage to the flooring.

    Claim against architect arising from a major refurbishment of a country residence

    We act for the owner of a substantial country house, which is undergoing major structural works including a large extension (comprising a pool house complex), extensive alterations and complete renovation of the house, associated outbuildings and grounds.

    Complex multi party claim arising from complete design failing of bespoke furniture

    Multi-party dispute arising from total design failure of in excess of £1m worth of contemporary bespoke furniture built to a highly unusual (and, as it transpires, unrealisable) design concept.

    Resolution of a multi party dispute arising from the failure of a major piled retaining wall during the construction of a high end coastal development

    We acted in relation to a large multi party claim arising from the failure of a major piled retaining wall on a land slipped escarpment, at a coastal development of luxury apartments.

  • Latest Updates

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Get in touch

Congratulations on your 10 years of success, with the quality of service you and your team provide I am sure the next 10 years will see more deserved success for you.

Client

My experience of TS&P is excellent. I am happy with the speed of response and service delivery, with the updates all parties get via email. I feel they always have solutions.

Corporate Intermediary

Their commerciality is important - they know where we want to get to.

Client

It was a difficult case but we had the benefit of a highly experienced, strong and very committed team from TS&P. Their efforts were justly reflected in a very positive result. They are also, as it happens, a pleasure work with.

Client

I required a law firm with a proven track record of services in the Construction Industry and who were geographically appropriate to our business units.

Client

Inquiry dealt with quickly and efficiently. Meetings arranged and actions dealt with in good time. I genuinely believe TS&P's agenda was one of a long term partnership and not simply a quick buck opportunity.

Client

Meet The Team

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